Product liability cases make the news when they involve large numbers of people and millions or billions of dollars, like the asbestos, airbag, and Roundup lawsuits. You do not have to be part of a large group to seek damages if a product harmed you. However, your lawyer can help you determine the best path forward.
Compensation for Losses Caused by a Defective Product
The general rule is that you can pursue damages to compensate for losses caused by a dangerous or defective product. Assuming that your case meets all of the qualifications to file, a lawyer can help you pursue a financial award.
Your Financial Award Will Depend on the Extent of Your Losses
There is no “average” settlement for someone injured by a defective product. The amount of money you are eligible to receive will depend on your specific losses. People often seek to recover their out-of-pocket costs like medical expenses and lost wages. Also, pain and suffering compensation could be appropriate.
Overall, if you suffered personally or financially because a defective product harmed you, you deserve to be compensated for these negative effects.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientServices That Our Port Barre Product Liability Lawyer Can Provide
Handling a product liability claim usually means taking on a huge corporation and its insurer. We may involve expert witnesses, like engineers or physicians to testify to the inherent fault of the product and your resulting injuries. Without an attorney, standing up to a large company without these resources may be a huge undertaking.
We Conduct a Thorough Investigation
When we take care of your product liability case, we perform a thorough investigation to find all the possible at-fault parties. We work with experts to understand what went wrong and how the product harmed you. To support your case, we will use this and other evidence to demonstrate the negligence of the liable party in allowing this product to put you at risk.
We Take Care of Communications and Negotiations
You will not have to deal directly with the defendant or insurance company because we take care of those aspects of the case for you. In our communications, we will negotiate a settlement that appropriately compensates you for what you’ve lost. If it becomes necessary to go to trial, we will make sure you are prepared and will fight on your behalf.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientExamples of Defective Consumer Goods That Have Ended Up in Litigation
The brand-name version of a prescription drug to treat acne got pulled from the market because of serious side effects, including birth defects, pancreatitis, and suicidal ideation. Several makers of hernia mesh, used in hernia repair surgeries, got sued because of complications like infections or severe scar tissue that damaged internal organs.
Product liability lawsuits can arise from a wide range of consumer products. It’s likely that if you were hurt by a product, you’re not the only one. As corporations whose products enter the homes of millions of people, they should take extra care to ensure their customers are safe. People suffering severe injuries like those listed above have had their lives irreversibly changed by a company’s negligence–they deserve justice.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHow Negligence Leads to Defective Products
Some product liability cases involve strict liability laws, meaning that you only have to prove that you were harmed by the product. You don’t have to identify a specific act of negligence to be eligible for compensation under strict liability.
Breach of warranty is another legal ground for some product liability claims. In these cases, you might argue that the object failed to perform as intended or that the company breached its own warranty with an unsafe product.
Many times, negligence is the basis of the case. Negligence in product liability cases tends to involve the design, manufacture, or marketing of a product.
Design
When the design for a product is flawed, the product might eventually fail and injure someone. For example, a poorly designed hip replacement product might fail to account for ongoing wear and tear by the user. If the replaced hip shatters or fractures under ordinary use, the firm that designed it could face product liability lawsuits.
Manufacture
When quality control is below standard, the manufacturer might not notice that some items left the factory and entered the marketplace with manufacturing defects. After consumers report injuries from these flawed products, the Food and Drug Administration (FDA) might ask the manufacturer to issue a recall, or the manufacturer might recall the product voluntarily.
Marketing/labeling/instructions
If a product has an inherent risk of harm, the manufacturer, packager, or distributor should post adequate warnings of that danger. Also, the maker of the item should provide reasonable information about how to use the product safely. If an object requires assembly or installation by the user, there should be sufficient guidance on how to perform those tasks.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientCan I Afford to Hire a Lawyer for My Product Liability Case?
Our law firm takes product liability cases on a contingency-fee basis, which means that you do not pay any upfront legal fees. We will receive a percentage of the money you win in a settlement or in court. If you do not win, you do not owe us anything.
There Is a Filing Deadline for Product Liability Lawsuits
We want to help people who get hurt by dangerous products, but we cannot help you if you wait too long. You only have one year from the date of the incident to file a product liability lawsuit, under CC Art. 3492. CC Art. 2315.2 only gives you one year to file a wrongful death case if you lost a loved one from defective product injuries.
Reach Out to Us About Your Port Barre Product Liability Claim
You can contact Laborde Earles Injury Lawyers today to get started on your product liability case. With short filing deadlines, there is no time to lose. Call or fill out our contact form to learn more about how we can help you pursue compensation.